Terms & Conditions
These Booking Conditions, together with any other written information we bring to your attention before confirming your booking, form the basis of your contract with Fred.\ Holidays a trading name of Fred. Olsen Travel Ltd whose address is Olympus House, 2 Olympus Close, Ipswich, Suffolk, IP1 5LN. Please read them carefully as they set out our respective rights and obligations.
These Booking Conditions apply generally whether you have booked one of our Packages (Inclusive Price Combinations) or our single component items, e.g. accommodation or transport only. Please note however that where you have purchased a single component, there is a different condition as to liability.
Please see Our Responsibilities clause below.By making a booking, the lead named person on the booking agrees on behalf of all persons detailed on the booking that:
- He/she has read these terms and conditions and has the authority to and agrees to be bound by them;
- He/she is over 18 years of age and resident in the United Kingdom
Booking and Paying For Your Arrangements
A booking is made with Fred.\ Holidays when a) you tell us that you would like to accept our written or verbal quotation and b) you pay us a deposit of £150 per person unless advised differently at the time of booking. For cruise holidays including expeditions and airline bookings you will be advised of the deposit amount at the time of booking. When we issue you with a confirmation invoice, a binding contract will come into existence. Upon receipt, if you believe that any details on the confirmation or any other documents are wrong you must advise us immediately as changes may not be possible later. The balance of the cost of your arrangements (including any applicable surcharge) is due 10 weeks prior to scheduled departure but on some products we require payment 90 days prior. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out below will become payable. All credit card bookings will be subject to a 2% handling fee (American Express 2.5%).
Your Financial Protection
We provide full financial protection for our package holidays. If you buy a single travel service then this might not apply.
For flight-based holidays this is through our Air Travel Organiser’s Licence number (0944). When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for the unlikely reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for the unlikely reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA (membership no. Y0128) The Travel Association. For further information please see www.abta.com.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays within 7 days of the booking.
The price of your holiday is subject at all times to changes in transport costs such as fuel, scheduled airfares and any other airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport provider; to cost changes arising from government action such as changes in VAT or any other government imposed changes; and to changes in currency exchange rates and to dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price.
For changes to pricing after booking, we will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/ or additional services or travel arrangements. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your holiday within 30 days of your departure.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
When you buy a flight-based holiday, all monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy a holiday not including a flight, all monies you pay to the travel agent are held by him on our behalf at all times.
We reserve the right to refuse or cancel a booking if you do not have personal travel insurance. We will treat any cancellation for this reason as a cancellation by you and the cancellation charges will be payable as set out below. Please read your policy details carefully and take them with you on holiday.
It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs, and covers all travel, cancellation, medical and repatriation liabilities for the holiday. We reserve the right to request full details of your insurance policy however please note that we do not check insurance policies for suitability. You are responsible for indemnifying us in full in the event that we incur any losses or expenses arising out of your failure to take out adequate insurance cover.
Cancellation by You
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices at Fred.\ Holidays. Please note proof of postage (whether Royal Mail or e-mail) is not proof of receipt. You will be responsible for applicable cancellation charges up to the maximum shown below, unless otherwise advised. The cancellation charge detailed is calculated as all non-refundable items plus a percentage of the remaining total cost payable by the person(s) cancelling:
|For cruise holidays:||90 days or more||loss of deposit and non-refundable items|
|89 - 57 days||60%|
|56 - 43 days||75%|
|42 - 15 days||85%|
|For all other holidays:||70 days or more||loss of deposit and non-refundable items|
|69 – 43 days||50%|
|42 – 29 days||60%|
|28 – 15 days||80%|
|For all holidays:||14 – 0 days||100%|
If the deposit amount is more than the cancellation amount we will retain the full deposit as the cancellation charge. We therefore strongly recommend you take out suitable insurance to cover you for possible eventualities that would require you to cancel your holiday.
Changes by You
If you wish to change any part of your booking you must inform us in writing. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. All changes will be subject to any applicable rate changes or extra costs incurred as well as any costs incurred by us and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. Please note that is important at the time of booking to advise the names of travellers that match the name given on their passport. Failure to do so will usually result in a name change charge by the airline.
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
Changes or cancellations by us
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time. If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your holiday and receiving a full refund of all monies paid. In some cases we will also pay compensation (see below). These options don’t apply for minor changes.
Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, and changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.
We will not cancel your travel arrangements less than 10 weeks before your departure date (90 days for a cruise holiday), except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, for example, the minimum number of clients required for a particular travel arrangement is not reached. If your holiday is cancelled you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). In some cases we will pay compensation (see below).
If we cancel or make a major change we will pay compensation as detailed below except where the major change or cancellation arises due to reasons of force majeure. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
|Period before departure in which we notify you:||Amount you will receive from us:|
|43 – 70 days (90 days if a cruise holiday)||£ 20 per person|
|27 – 42 days||£ 30 per person|
|15 – 26 days||£ 40 per person|
|00 – 14 days||£ 50 per person|
We reserve the right in our absolute discretion to terminate without notice the holiday arrangements of any customer whose behaviour is such that it is in our opinion likely to cause distress, damage, danger, or annoyance to our customers, our/supplier employees, or to any third party, or to property. If you are prevented from travelling because, in our or our suppliers’ opinion, you appear to be unfit to travel or likely to cause discomfort or disturbance to others, our responsibility for your holiday ceases and we shall be under no obligation to pay any refund, compensation or costs to you. Please note that we have no control over the behaviour of other persons staying at or visiting your holiday accommodation and we are not responsible for any withdrawal or impairment of facilities or other loss or damage caused by them. Under no circumstances are you entitled to share or sub-let your accommodation with anyone other than those individuals shown on your booking.
We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include but are not limited to war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport, and any other circumstances of any nature whatsoever.
We are a Member of ABTA, membership number Y0128. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com..
1. Single Components
If you have purchased a ‘single component’ i.e. accommodation or transportation only, we will accept responsibility only for our own negligence e.g. If we have negligently misdescribed the accommodation etc., or if we have been negligent in our choice of supplier. We will not be responsible for the negligence of our suppliers, their employees, servants or agents.
2. Package Holidays
Subject to these booking conditions, your holiday arrangements will be made or performed using reasonable skill and care. We will be responsible if our employees, servants or agents fail to make or perform your holiday arrangements using reasonable skill and care as long as they were acting within the course of their employment or carrying out work which we had asked them to do.
We will not be responsible or pay compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description which results from:
- (a) the act(s) and/or omission(s) of the person(s) affected;
- (b) the act(s) and/or omission(s) of a third party not connected with the provision of the services contracted for and which were unforeseeable or unavoidable;
- (c) unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
- (d) an event which either ourselves, our employees, agents or suppliers and subcontractors could not, even with all due care, have foreseen or forestalled.
The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.
We limit the amount of compensation we may have to pay you if we are found liable under this clause:
- (a) Loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
- (b) Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
- (c) Claims in respect of international travel by air, sea
and rail, or any stay in a hotel:
- i. The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/ Cotif Convention (with respect to rail travel); The Paris Convention (with respect to hotel arrangements); and The Strasbourg Convention (CNLI) (with respect to travel on inland waterways). You can ask for copies of these Conventions from our offices. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
- ii. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
If a problem occurs whilst you are on holiday, you must inform the relevant supplier immediately so that the matter can be put right. If the supplier cannot resolve the problem to your satisfaction at the time, you must also contact us immediately by telephoning our offices so that we are given the opportunity to help. In the event that a complaint cannot be resolved at the time, you must write to us within 28 days of return to the UK quoting the original booking reference and giving all relevant information. PLEASE NOTE: Failure to take these steps will hinder our ability to resolve the problem and/or investigate it fully and in consequence, your rights under the contract may be affected. We regret we cannot accept liability for any claims which are not notified to ourselves and/or our suppliers strictly in accordance with this clause.
Any special requests must be advised to us at the time of booking. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
Any amounts due to you will be paid upon request within 28 days.
Disabilities and Medical ProblemsWe are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details by writing or emailing us, before we confirm your booking so that we can advise as to the suitability of your chosen arrangements if possible.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. You must check requirements for your own specific circumstances with the relevant Embassies and/ or Consulates and your own doctor as applicable. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information please contact the Passport Office on 0870 5210410 or visit www. passport.gov.uk. Special conditions apply for travel to the USA and all passengers must have individual machine readable passports. Please check www.usembassy.org. uk. For European holidays you should obtain a completed and issued form EHIC prior to departure. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Delays and other Travel Information
We regret we are unable to offer you any assistance should a delay disrupt your itinerary. Any airline or other transport provider concerned may however provide refreshments and/or appropriate accommodation. We cannot accept liability for any delay which is due to re-scheduling times by the airline or airline authorities, or any of the reasons set out in Force Majeure of these booking conditions. The latest flight timings will be shown on your tickets which will be dispatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us.
We reserve the right to terminate your booking arrangements with us immediately, should you or your party fail to conduct yourselves in an orderly manner. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/ or your party.
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
Full details of our data protection policy are available upon request.
(updated January 2015)